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S.B. 44
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BACKGROUND CHECK ON PRIVATE HANDGUN
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TRANSFERS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Millie M. Peterson
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AN ACT RELATING TO CRIMINAL CODE; REQUIRING A CRIMINAL BACKGROUND
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CHECK BE PERFORMED FOR PRIVATE HANDGUN SALES; PROVIDING MECHANISM
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FOR BACKGROUND CHECKS TO BE PERFORMED BY LICENSED FIREARM DEALERS,
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CITY POLICE CHIEFS, OR COUNTY SHERIFFS; AUTHORIZING COUNTY SHERIFFS
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AND CITY POLICE CHIEFS TO ISSUE A PERMIT TO PURCHASE OR RECEIVE A
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HANDGUN; PRESCRIBING FORM OF PERMIT; AUTHORIZING FEES TO BE
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COLLECTED; AND PROVIDING A DEFENSE AND PENALTIES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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76-10-526.1, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-10-526.1
is enacted to read:
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76-10-526.1. Private sale, purchase, or transfer of a handgun criminal background
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check -- Permit to purchase or receive -- Fee -- Defense -- Penalties.
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(1) For purposes of this section, a county sheriff or city police chief is authorized to
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perform a criminal background check on any person desiring to purchase or receive a handgun so
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long as the background check is made by the county sheriff or city police chief as if he were a
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licensed firearm dealer in accordance with Section
76-10-526
.
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(2) (a) A county sheriff or city police chief of this state may issue to any person upon
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request a permit to purchase or receive a handgun after performing a criminal background check
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on the person pursuant to Subsection (1).
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(b) The permit shall expire ten days from the date of issuance and shall be in the following
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form:
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State of Utah, _________[County or City].
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I, ____________ , [Sheriff or Police Chief] of __________ [County or City], certify that
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I have conducted a criminal background check of the applicant_____________________, whose
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place of residence is _______________________________, ____________ County, Utah, and
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have received no information to indicate that it would be a violation of state or federal law for the
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applicant to purchase, receive, or possess the handgun. Therefore, a permit is issued to
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________________ to purchase or receive a handgun from any person who may lawfully dispose
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of the handgun.
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This permit expires ten (10) days from its issuance.
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Signed:__________________________, _________ [County Sheriff or City Police Chief]
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Date of issuance: _______________________
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(3) A person may purchase or receive a handgun from a seller or transferor who is not a
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licensed firearm dealer in the state only if:
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(a) the person obtains a permit to purchase or receive a handgun from a county sheriff or
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city police chief pursuant to Subsection (2) prior to purchasing or receiving the handgun which the
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person then shows, with a valid state driver's license or state identification card issued by the state,
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to the seller or transferor; or
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(b) the seller or transferor delivers the handgun to a licensed firearm dealer, county sheriff,
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or city police chief who performs the criminal background check pursuant to Section
76-10-526
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prior to transferring the handgun to the purchaser or receiver.
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(4) The purchaser or transferee shall pay to the licensed firearm dealer, county sheriff, or
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city police chief:
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(a) the fee required by Section
76-10-526
; and
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(b) an additional fee for processing set by the licensed firearm dealer, county sheriff, or
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city police chief which may not exceed the amount of the fee in Section
76-10-526
.
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(5) To defray the costs of administering the program, the fee collected in Subsection (4)(b):
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(a) by a county sheriff shall be deposited with the county treasurer; and
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(b) by a city police chief shall be deposited with the city treasurer.
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(6) Compliance with the provisions of this section shall be a defense to any criminal
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complaint arising under the laws of this state or other claim or cause of action under this chapter
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arising from the sale or transfer of a handgun.
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(7) Except as provided in Subsection (8), a person who is not a licensed firearm dealer who
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sells, transfers, purchases, or receives a handgun in violation of this section, or who alters the
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permit to purchase or receive a handgun is guilty of:
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(a) a class A misdemeanor if it is willful or intentional; or
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(b) a class B misdemeanor.
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(8) If a higher penalty than is prescribed in Subsection (7) is provided in another section
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of the code for one who sells, transfers, purchases, or receives a handgun, the penalties of that
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section control.
Legislative Review Note
as of 1-19-00 12:53 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.